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Shiv Sena & Ors. v. Union of India & Ors.

Writ Petition (Civil) · 2019 INSC 1286Decided 26 Nov 2019
Writ Petition (Civil) No. 1393 of 2019
Justice N.V. Ramana · Justice Ashok Bhushan · Justice Sanjiv Khanna

Background

This is an interim order, not a final judgment. After the October 2019 Maharashtra elections, the Governor invited Devendra Fadnavis to form the government. Shiv Sena and others challenged that decision.

Decision Breakdown

This is an interim order, not a final judgment. The Court did not rule on whether the Governor's invitation was valid. It directed a floor test on 27.11.2019 under a pro-tem Speaker, with a live telecast and open voting, and gave the respondents eight weeks to file replies.

Lesson Learnt

When a government's majority is in doubt, a prompt floor test is the way to settle it.

Official source (sci.gov.in)View Judgment (PDF)

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